反倾销法中实质性阻碍问题的合理性探析

实质性阻碍是反倾销法损害认定问题中的一个重要概念,它和实质性损害、实质性损害威胁共同构成反倾销法中的损害要件。实质性阻碍在反倾销法中占有越来越重要的地位。在总体上探讨反倾销法律制度经济和非经济的合理性,并分析其在实质性阻碍标准中的应用,同时也将审查特别适用于实质性阻碍的理论依据。     

精神发育迟滞者的刑事责任能力评定

本文对８０例精神发育迟滞有违法行为者的智力缺损程度、犯案动机、预谋、自我保护能力及对行为的辨认、控制能力等因素进行分析。鉴定结论，诊断为轻度精神发育迟滞者５８例（７２．５％），中度者１７例（２１．３％），重度者５例（６．２％）。评定无责任能力者１３例（１６．３％），限制责任能力４５例（５６．２％），完全责任能力２２例（２７．５％）。     

精神发育迟滞患者的犯罪学特征分析

目的探讨司法精神病学鉴定中精神发育迟滞(MR)患者的犯罪学特征。方法采用自编的司法精神病学鉴定案例登记量表,对83例MR患者的犯罪学特征进行分析,并对轻度MR与中重度MR的犯罪学特征进行比较。结果MR涉嫌犯罪者中轻度MR占62.7%,中度MR占22.9%。性犯罪占37.3%,凶杀占34.7%,财产犯罪等占28.0%。犯罪动机明确者占96.1%。有犯罪史者占34.7%。轻度MR与中重度MR两组间作案预谋(χ2=11.9,P=0.001)、作案目标确定(χ2=7.531,P=0.006)、作案动机(χ2=7.920,P=0.019)、作案类型(χ2=7.855,P=0.02)有显著性差异。结论MR涉嫌犯罪者以轻度居多,犯罪类型以性犯罪及凶杀犯罪占比例较大,大多数犯罪动机明确。轻度MR组有作案预谋、作案前确定目标者明显高于中重度MR组。中重度MR作案动机为性满足者明显高于轻度MR。     

以精神发育迟滞女性为性侵害对象的强奸犯的智力水平与智力结构的对照研究

目的研究强奸精神发育迟滞女性的强奸犯与强奸正常女性的强奸犯在智力水平与结构方面的差异。方法前者33例，后者32例，采用WAIS—RC评估其智力水平与结构。结果两组在总体智商、言语智商、操作智商方面均有显著性差异。11项分测验中数字广度、木块、图片3项在两组间无显著性差异，其余8项均有显著差异。结论强奸精神发育迟滞女性的强奸犯与智力低下有关，他们在智力结构方面也存在着异常。     

Study: The Lack of Significant Association of the Catechol-O-Methyl Transferase (COMT) Gene Polymorphism in Violent Offenders with Mental Retardation

Abstract:  Little is known about criminality of cognitively impaired people and also there have been no reports on the relationship between catechol- O -methyl transferase (COMT) and committed Mental Retardation (MR) subjects. In the present study, the association between committed (violent offences) MR subjects and genetic variants of COMT were investigated by using polymerase chain reaction and based restriction fragment length polymorphism methods. During 6 years of follow-up, 36 violent offenders with mild MR were investigated. Thirty-six control volunteers were included in the study as a control group. H/L polymorphism of the COMT gene was investigated in these two groups. In conclusion, the COMT gene genotype distribution and allele frequency is not significantly different between the two groups ( p  > 0.05). This result suggests that the H/L polymorphism of the COMT gene does not show an association with the potential of "commits-violent offense" of Turkish subjects with mental retardation, compared with control group.     

The presence of low IQ and mental retardation among murder defendants referred for pretrial evaluation

After an overview of definitions of mental retardation and recent case law regarding mental retardation and the death penalty, this paper presents a study of factors associated with a mental retardation (MR) diagnosis among murder defendants. Subjects with a full-scale IQ< or =70 (n=42) were compared with other pretrial murder defendants (n=228) referred for forensic evaluation over a 5-year period. Subjects with an IQ< or =70 who were diagnosed with MR were compared with subjects with an IQ< or =70 who did not receive this diagnosis. Female murder defendants were more likely to receive a diagnosis of MR (p=0.03). MR was also more commonly diagnosed in subjects with an Axis I cognitive disorder (p=0.018). Having an IQ< or =70 was more common in subjects with a psychotic and substance use disorder (p=0.03) and did not necessarily lead to a diagnosis of MR in this subgroup. Implications for diagnosing MR among murder defendants are discussed.     

Forensic Analysis of MTBE Contamination Using Basic Hydrogeologic Concepts

Contamination of groundwater with petroleum hydrocarbons and additives, such as methyl tert‐butyl ether (MTBE), is often linked to the leaking product distribution system of gas stations. In very few cases is it know if and when a leak occurred and how much product was released to the environment. In the absence of direct evidence, a careful analysis of the available data, such as contaminant breakthrough at receptor wells or discrepancies in the product inventory data, may provide evidence about the nature of the release, its timing and magnitude. Using a MTBE contamination site in the formerly glaciated New England region as an example, two possible release scenarios (slow, long‐term release vs. spill) were examined. Of the two scenarios, the slow release could be ruled out as the sole source even though there was no direct evidence for a spill. The analysis of hydraulic test results together with chemical data further permitted to estimate when such an undocumented spill might have occurred. Analyses of the data also allowed these results to be compared to that of a prior transport and fate modeling study. Good agreement and consistency for contaminant travel times was confirmed. This forensic analysis demonstrates that applying basic hydrogeologic principles can aide in the reconstruction of contamination events while providing more readily understandable and defendable evidence relative to complex models. Conceptually, the approach described herein is transferable to other sites with similar hydrogeologies.     

Generational Substance Abuse among Male Sexual Offenders and Paraphilics

This study examines three hypotheses: (1) there is an association of parental and offspring substance abuse for sex offenders and paraphilics; (2) there is a higher occurrence of substance abuse among the parents of sex offenders and paraphilics than seen in the general population; (3) substance abuse among the parents will be associated with a higher frequency of birth and developmental abnormalities, learning disabilities (LD), mental retardation, attertion deficit hyperactivity disorder (ADHD), and school learning problems (school dropouts, grade failures, and placement in special education) common in sex offenders and paraphilics. A sample of 1,012 male sex offenders and paraphilics were asked about substance abuse among their parents and about their own birth and developmental abnormalities and school learning problems. Three in five families had a parent who was a substance abuser and there was a significant concordance of parental and offspring substance abuse. Substance abusing parents more often than nonabusing parents had sons with developmental and learning problems on every measure examined. Results suggest that parental substance abuse appears to play a role in the neurodevelopment, associated learning problems, and substance abuse reported in studies of sex offenders and paraphilics and it should be explored as a possible factor in the genesis of sexual disorders.     

辽宁影视文化的大发展大繁荣

客观审视辽宁地域文化的兴盘与落寞，冷静思索辽宁地域文化阶段性迟滞与省外、国外文化突飞猛进快速发展的落差，悉心探寻辽宁地域文化陷入濒危的缘由，适时提出拯救、繁荣辽宁非物质文化遗产的对策与途径，旨在加快辽宁由地域文化资源大省向地域文化强省的跨越，实现辽宁地域文化大发展大繁荣的目标。     

41例具有危害行为的精神发育迟滞者司法精神病鉴定分析

目的　探讨精神发育迟滞者发生危害行为的相关因素。　方法　对 1992至 2 0 0 1年司法精神病鉴定为精神发育迟滞的危害行为人 41例进行分析。　结果　精神发育迟滞者发生危害行为的以盗窃占首位 ,凶杀、纵火次之 ,多见于家庭监护能力差、明显受社会歧视的 30岁以下的未婚青年男性。　结论　精神发育迟滞者引起违法行为是社会不安定的因素之一 ,应尽快建立健全相关的法律法规 ,确实加强监护、管理。